getting married to a green card holder

My situation is kind of similar to yours: entered legally, overstayed my J1 visa and married a green card holder.We actually got married four years before he became a citizen.His naturalization interview went smootly, no questions about my status(he had me as out of status on the N 400 application).He got his citizenship and now we are scheduled for my AOS interview in a few weeks.I'll let you know how it goes.
P.S. This is just my experience...
 
kristina87 said:
oh thanks i actually did find it! i was just looking at ds 2019 form. ya im not subject to 2 year rule ) i guess its a good thing already
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Good for you and your future spouse. As some people have noted, stay clear of flying or taking a greyhound in northern states close to Canada, cause deportation might be sitting next to a seat on the bus with you. Gather all your documentation, since your lover won't a citizen till next summer or beginning of Fall, you have a long way to wait. However, you don't have to act weird or bury yourself in a sand, continue to do life as if nothing is going on. Pitfalls for most people, drinking, speeding, and self-reward also known as stealing, those will cause you grief with US law and USCIS. Best wishes...
 
bibimeu said:
My situation is kind of similar to yours: entered legally, overstayed my J1 visa and married a green card holder.We actually got married four years before he became a citizen.His naturalization interview went smootly, no questions about my status(he had me as out of status on the N 400 application).He got his citizenship and now we are scheduled for my AOS interview in a few weeks.I'll let you know how it goes.
P.S. This is just my experience...
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If all goes well, you should have a 10 years green card for you. Hope you have prepared all your documentation and evidence.
 
hi guys, this guy i know married a spanish girl not dating or anything she was working with him in his office and out of no where he asks this B**** to marry him thats wat she is saying but i don't know his whole family told him that the only reason she is marrying him is cuz of GC and i think thats exactly right how do you marry someone without knowing anything about him and also she brings her so called little sister to live in there house and they both cause so much drama in the house.
 
kristina87 said:
umm it was J1 visa...
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I have a chinese friend whose wife was on a J visa. He married her and she stayed home and had kids while he worked. Eventually one day he just told CIS that he's a US citizen and he wants his wife to go through the process and according to him it worked out. Not sure what exact loophole he used but she definately didn't have to go back to China.
 
praxx said:
I have a chinese friend whose wife was on a J visa. He married her and she stayed home and had kids while he worked. Eventually one day he just told CIS that he's a US citizen and he wants his wife to go through the process and according to him it worked out. Not sure what exact loophole he used but she definately didn't have to go back to China.
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No loophole was used, your chinese friend filed the same paperwork anyone would complete seeking immigration benefit for an immediate relative. I-130/485/765, 864, 693, G-325a. J visa is issued for people who are on full scholarship funded by private corporations or combination of US govt and their own govt. For most J visa student, since this scholarship is funded for the primary purpose of improving their country human capital skills, they are required to return home and give back to their communities. I believe the largest category of J visa holders are medical students. If you have a 2 yr home requirement, you need to obtain a waiver or your green card petition is going to be denied.
 
Al Southner said:
No loophole was used, your chinese friend filed the same paperwork anyone would complete seeking immigration benefit for an immediate relative. I-130/485/765, 864, 693, G-325a. J visa is issued for people who are on full scholarship funded by private corporations or combination of US govt and their own govt. For most J visa student, since this scholarship is funded for the primary purpose of improving their country human capital skills, they are required to return home and give back to their communities. I believe the largest category of J visa holders are medical students. If you have a 2 yr home requirement, you need to obtain a waiver or your green card petition is going to be denied.
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My j1 visa had nothing to do with scholarship, we paid for everything from our own pockets and i supported myself while i was here on visa, i think its because it was work and travel thats why...and i was not supposed to go to school here or something, and i guess luckly the 2 year rule doesnt apply to me, at least thats what is says in J1 visa in my passport ....thanks for the information, very helpful
 
Al Southner said:
No loophole was used, your chinese friend filed the same paperwork anyone would complete seeking immigration benefit for an immediate relative. I-130/485/765, 864, 693, G-325a. J visa is issued for people who are on full scholarship funded by private corporations or combination of US govt and their own govt. For most J visa student, since this scholarship is funded for the primary purpose of improving their country human capital skills, they are required to return home and give back to their communities. I believe the largest category of J visa holders are medical students. If you have a 2 yr home requirement, you need to obtain a waiver or your green card petition is going to be denied.
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there are 8+ subcategories to J-1 visa, and I think most of the visas don't involve any kind of scholarship. A lot are actually going to Work and Travel students, who are not subject to HRR.
 
kristina87 said:
My j1 visa had nothing to do with scholarship, we paid for everything from our own pockets and i supported myself while i was here on visa, i think its because it was work and travel thats why...and i was not supposed to go to school here or something, and i guess luckly the 2 year rule doesnt apply to me, at least thats what is says in J1 visa in my passport ....thanks for the information, very helpful
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You have an F1 visa, which requires self-funding which you have to demonstrated to the US Consulate before being granted. J1 visa are issued for various programs which are funded by US govt or private corporations. I had a J1 visa at some point in my life, and the funding was a little over $80000 per year covering my tuition, stipenend and housing.

http://www.hooyou.com/j-1/j1_j2_visa_faq.html
 
LucyMO said:
there are 8+ subcategories to J-1 visa, and I think most of the visas don't involve any kind of scholarship. A lot are actually going to Work and Travel students, who are not subject to HRR.
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J1 is a visa like any other visa, you can go in and out of the US. Work is restricted to the sponsoring institution and for speciality areas which requires pre-approval from the sponsor. For example, if you are studying neurosurgery at John Hopkins University and hold a J1 visa, forget about a part-time job at Macys. You can work for a certain number of hourse at the JHU Hospital in the neurosurgery department, learning skills related to your field. Remember, the sponsor has to demonstrate to the US govt that they can afford to fund your studied and look after you while in the US, including providing medical health insurance required of international students.

http://www.hooyou.com/j-1/j1_j2_visa_faq.html
 
Al Southner said:
You have an F1 visa, which requires self-funding which you have to demonstrated to the US Consulate before being granted. J1 visa are issued for various programs which are funded by US govt or private corporations. I had a J1 visa at some point in my life, and the funding was a little over $80000 per year covering my tuition, stipenend and housing.

http://www.hooyou.com/j-1/j1_j2_visa_faq.html
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also Work and Travel students are on J-1 visa, and it doesn't involve any govt funding. And that's what Kristina was participating in - Work and Travel.
 
Al Southner said:
You have an F1 visa, which requires self-funding which you have to demonstrated to the US Consulate before being granted. J1 visa are issued for various programs which are funded by US govt or private corporations. I had a J1 visa at some point in my life, and the funding was a little over $80000 per year covering my tuition, stipenend and housing.

http://www.hooyou.com/j-1/j1_j2_visa_faq.html
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i have J 1 visa, and i didnt go to school here,i was going to university in my country and i took a break, my program was called work and travel. when i got the visa i didnt have to demonstrate if i have any money in the bank account, cos my parents paid for the whole program and i had to work in the US to support myself and plus the money my parents gave me...but yeah i guess there are different in some ways )
 
So it seems there are certain types of J visa which are similar to the F1 visa. Do some J visa entrants also have D/S on their I-94 like F1 holders do, along with all the associated immigration benefits in case of loss of status?
 
Having D/S on the I-94 helps a lot especially when someone has not worked. OP isn't in that bad a situation, I wonder if there is some relief available to spouses of LPRs? Don't they fall "under the wing" of their spouse for immigration purposes or is that only if the spouse is granted LPR while married?
 
So, how long does one has to be US citizen before getting married and filing a I-485 for the partner?
 
na07 said:
So, how long does one has to be US citizen before getting married and filing a I-485 for the partner?
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about an hour - long enough to get their naturalization certificate if they are naturalized + legal age for marriage. If they are born citizens - they need to be of legal age for marriage.
 
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